If my neighbor’s tree branch is damaging my property and he refuses to respond, what are my legal remedies?

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If my neighbor’s tree branch is damaging my property and he refuses to respond, what are my legal remedies?

Asked on December 6, 2012 under Real Estate Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

As a general rule, in a case such as this you have the right to trim the branches that extend past your neighbor's property line. That having been said, the law only allows tree trimming and tree cutting up to the joint property line. You may not go onto the neighbor's property or destroy the tree. The fact is that if you do harm the tree, you could be found liable for up to several times its value and most trees have a replacement value of between $500 and $2500 (ornamental or landmark trees, can have be valued at up to $60,000). Needless to say, you should excercise great caution when trimming.

eric redman / Redman Ludwig, P.C.

Answered 8 years ago | Contributor

generally you can cut anything that is hanging over your air space.  just don't cut on their side of the line.


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